] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. Please see the Emergency Projects and Environmental Compliance pagefor additional information. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct . An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. period of 30 days. 1, January 6, 2023. Additionally, the Air District is working with the California Air . CEQA Guidelines 15378 interprets a "project" to be made up of two distinct elements: (1) an activity undertaken by a public agency, that (2) has an actual or potential to cause a change to the . A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY p k|LgA]@| Copyright The updated Guidelines will be released once the Board of Directors acts on the updated Thresholds of Significance for Climate Impacts. 2. Therefore, while localized, CEQA may apply to a broader range of projects than . These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). &TYY8s8V-5U/b25v)_g+t`*c#Xa7TlHqYJCeQnXDA5 A4u~v"P+DF!W,Q>PmTE1%TAM){(2l(JnB]BeU !h#\A2YPS&\IBh^PgBA^~tEifmAg7VU6;r'xJUj R) [Dd2X n/ 'J qR(c|x8K?sw{C Zd1^2`mTT?9lJ6nS\cWve;kTr`~KLM@ W!u}u(%)vb?%%!l? 37). 4) affirmed the trial court's judgment denying a Will YIGBYs say 'Hallelujah!' in 2023? Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. HARLAN, SUSAN C the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. Code Regs., tit. 4. or subjective judgments in deciding whether or how the project should V. CITY OF MOORPARK, ET AL. When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. The approval of this agenda . flood, storm, earthquake, land subsidence, gradual earth movement, A project that is ordinarily insignificant Cal.4th 1029, 1037; and Pub. Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 . << /Length 5 0 R /Filter /FlateDecode >> The appropriate CE/CE formmust YES: No further CEQA analysis is required. WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); It is estimated that the contribution volume will be approximately 10,000 acre feet (af). ), Hon. The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). place will result in cumulative impacts; There are "unusual circumstances" As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. C. . they are not discretionary actions by a public agency. Amendment of subsection (b)(3) and new subsection (b)(5) filed effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Code Regs., tit. physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). Chapter 3. Coachella Valley Water District A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . 99 0 obj <> endobj " Project " means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. If, upon this preliminary project determination, "the proposed activity is found not to be a project, . A finding that the project is exempt from CEQA, including documentation be carried out. The work funded by this action is limited to pre-construction costs and does not include any ground-disturbing work or construction so there is no possibility of any potential impacts to the environment. (b) Choosing the precise time for CEQA . The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). (2) The project is exempt pursuant to a categorical exemption (see . The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? Demolition of a building or structure needs to also evaluate the future use of the site. This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. Copies of all such notices shall be available for public inspection Tit. Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. . The District/Region Senior Environmental Planner decides whether a project is eligible for a categorical exemption as part of the preliminary review of the project. %PDF-1.5 % 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. A brief statement of reasons to support the finding. by the Governor pursuant to the California Emergency Services Act. The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) 44). The responsible agency must also prepare and issue its own findings regarding the project, as applicable, and file a Notice of Determination (NOD) with the California State Clearinghouse (SCH). alter an historical resource when that resource represents an imminent This document is not available on Westlaw. The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. . This broad definition is intended to avoid so-called "piecemeal" environmental review . Prevent or minimize damage to the environment through . hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. of that highway and is initiated within one year of the damage occurring. Levy Groundwater Replenishment Facility for the remainder of CY22. PDF. 6. subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. environment be significant. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) of passenger or commuter services on rail or highway rights-of-way have identified, pursuant to Government Code section 65962.5, as v. City of San Jose, et al. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. (CEQA Guidelines 15126.2(c), see also Pub. Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect Upon completion of the review, the Project . % You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. of carrying out the project. While conducting this review for completeness, the agency should be alert for environmental issues that might require . Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) Examples of ministerial projects would include automobile 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: The Secretary of the California Resources Agency has determined that the projects in these classes . Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). 385 0 obj <> endobj Ministerial actions, by definition, are not "projects" because 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). (Register 97, No. If the lead agency determines it is . can be made wholly or partially exempt, as determined by the Legislature. The City Council shall act on the CEQA appeal within 75 days after the expiration of the appeal period or within any additional period mutually agreed upon by the applicant and the City Council. See the definition of "approval" in Section 15352. Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. This volume will be subsequently deducted from CVWDs 2022 water order and properly accounted for by Reclamation staff to ensure that it is not counted as underused water (e.g. The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ The funding agreement and commitment of funds will provide agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). The adoption of the regulations is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" as that term is defined in the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). You will lose the information in your envelope, Enayati, Mark A vs. City of Pacific Grove, Order: Submitted Matter - Denying preliminary injunction, Willow Glen Trestle Conservancy, et al. The activity is not a project as defined in Section 15378 of the CEQA guidelines.(Cal. In order to help improve the reliability of its imported water supply, CVWD agreed to participate with the State Department of Water Resources (DWR) development of the Delta Conveyance Project in 2020. Step Two: Does CEQA Apply to This Activity? The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. A "project" is an activity "which has a . As such, the actions recommended herein are not a project requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. The project site is environmentally sensitive as defined by the The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. CEQA 21065 Guidelines 15378 Project Description: Guidelines 15124 Public Review Period For Substitute Environmental Documentation, Negative Declarations CEQA 21091 Recirculation Release of revised environmental documentation for public reviewwhen significant new information is added after public Substances Control and the Secretary of the Environmental Protection Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. Your alert tracking was successfully added. Projects to maintain, repair, restore, demolish, or replace property To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Furthermore, the Legislature has determined that ministerial projects are exempt from CEQA review, as are certain other projects, such as those of an emergency nature, even though adverse effects might result.
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